City of
Emeryville
1 FOP N A
ADMINISTRATIVE INSTRUCTION
A. I. NUMBER: 106
SUBJECT: Disposal of Surplus Property
REFERENCE: Emeryville Municipal Code Chapter 8, Sections 3- 8. 01 and 3- 8. 02 of Title 3
SUPERSEDES: May 5, 2016
DATE: December 13, 2018
1. PURPOSE
The purpose of this Administrative Instruction is to set forth procedures for the disposal of surplus property and furnishings that are no longer in use, have been deemed uneconomical, and/ or are unsafe for use by employees.
2. DEFINITION
The word " property" shall be defined as furnishings or supplies purchased with public funds, or donated to the City, for the sole purpose of business being conducted for the City of Emeryville or its Successor Agency.
The definition of the word " surplus", when applied to property, shall mean that property which is serviceable and valuable for other than " scrap" or "salvage", and is deemed to be either useless or uneconomical to use in City projects or work. Surplus property does not include vessels acquired by the City at a lien sale.
3. PROCEDURE
The procedure for determining property to be deemed as surplus is outlined in the work flow in Exhibit A: Surplus Property Disposal Form (" Form").
If a surplus property is identified by the Finance Director and relevant Department Head either for destruction, sale or disposal, an appropriate value must then be assigned and documented on the Form. The method and date of destruction shall also be recorded on the Form, which is then submitted to the Finance Department, and copied to the City Manager' s Office.
Administrative Instruction No. 106
Disposal of Surplus Property
December 13, 2018
4. METHOD OF DESTRUCTION / SALE / DISPOSAL
4. 1 Destruction of Surplus Property
Surplus property that has been determined to be completely unusable or non -recyclable shall be completely destroyed and disposed of in the most appropriate manner. Should any part of the property be deemed recyclable, said part shall be disposed of as salvage scrap per Section 4. 3.
4.2 Sale ofSurplus Property1
Sale of Surplus Property shall be accomplished by one of the following:
Public Auction
The City shall contract with a public auction company for the auctioning of the surplus property. Proceeds received from the auction shall be delivered to the Finance Department for deposit into the appropriate fund.
Sealed Bid
Sufficient notice shall be given and/ or advertised with the time and date to review any surplus property, and the time and date to submit sealed bids to purchase the property. Bids must be received by the City Clerk' s Office one day prior to the close of business on the date prior to the bid opening. The bid should be submitted on the Request for Bid Form, and accompanied by a certified check or cashier' s check in the amount of the bid. The award of the surplus property will go to the highest bidder, and it will be responsibility of the receiver to remove the property from City premises within 24 hours of the accepted bid. For unsuccessful bids, the certified check or cashier' s check will be immediately returned to the bidder following conclusion of the bidding process. All sales are final.
Open Sale
Sufficient notice shall be given and/ or advertised with the time and date to review any surplus property, and said property shall be placed in a location for public review and sold as -is.
Trade -In
Surplus property may be used for a trade-in for other merchandise as negotiated.
State law prohibits public employees from purchasing surplus property from their employer ( Government Code Section 1090).
Administrative Instruction No. 106
Disposal of Surplus Property
December 13, 2018
4.3 Disposal of Surplus Property
Surplus property that has been identified for disposal shall be disposed in one of the following manners:
Donation to Public Agency or Non -Profit
Surplus property may be donated to any other public agency or charitable organization exempt under Internal Revenue Code Section 501( c)( 3). " Public agency" is defined as the state or any agency or subdivision thereof, any city, county, special district or school district.
Salvage Scrap
Items of scrap, metal, wood, paper, or other materials that may be recyclable, and are no longer useful for the purpose for which they were originally intended, may be constituted as salvageable or scrap materials. These materials may be sold or otherwise disposed of.
5. ANNUAL NOTIFICATION TO CITY COUNCIL
The City Manager' s Office shall annually prepare a report on the destruction, sale and/ or disposition of all surplus property during the preceding fiscal year, and submit it to the City Council for information. This report shall include a description of the property that was sold or disposed of, the manner of sale or disposition, and the name and address of the purchaser or agency.
APPROVED:
otA
Christine Daniel, City Manager
ATTACHMENTS:
1. Exhibit A: Surplus Property Disposal Form
71FyCityof CAL
Emeryville
IFORNIA
Surplus
Property Disposal Form EXHIBIT
AINSTRUCTIONS: (
reference Administrative Instruction No. 106) 1.
Use this form to report all surplus property and furnishings nolonger inuse and available forredistribution, sale, disposal or destruction. 2.
List all equipment individually andevaluate the working condition of each item. 3.
If the equipment containsahard drive, please refer to Administrative Instruction No. 1502 " Media Sanitization and Destruction Policy" for instructions onhow to properly dispose. 4.
Follow the below Work Flow to route to correct departments: DEPARTMENT HEAD / MANAGER Determines
if property is to be declared as surplus. Completes "
Surplus Property Disposal Form" DEPARTMENT
HEAD Notices
all City departments of available property. If
claimed, property is transferred to new Department and
Form is submitted to Finance Department and filed
for retention. If
unclaimed, property is declared as surplus. 4,
DEPARTMENT
HEAD Determines
method of destruction/ sale of property. Coordinates
the destruction/ sale of property. Logs
date of destruction/ sale on the "Surplus Property Disposal Form". 4
DEPARTMENT
HEAD / MANAGER Submits
informational report of surplus property to City
Manager. CITY
MANAGER Reviews "
Surplus Property Disposal Form". IF
APPROVED, Form is routed back to Department Head.
IF
DENIED, the property is entered back into inventory and Form is submitted to Finance Department and filed
for retention. FINANCE
DEPARTMENT Reviews "
Surplus Property Displosal Form". Finance
Director and Department Head determines if property
isto be destroyed or sold. Assigns
appropriate value to the property. FINANCE
DEPARTMENT IF
SOLD, receives, logs and deposits final payment. Signs
off that property was destroyed/ sold. Files "
Surplus Property Disposal Form" according toretention
schedule. Provides
copy of final "Surplus Property Disposal Form"
to Department Head. CITY
MANAGER Compiles
annual report to City Council of destruction/
sale of all surplus properties during the fiscal
year.
EXHIBIT A
City of Emeryville j Surplus Property Disposal Form
Department
S) DESIGNAT
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DescriptionJ::
2 3
4 5 I
6 7
8 9
10 11
12 131
14 15
16 17
18 19 I
20 I
21 I
METHOD , DEST
DESTRUCTION
0 Physically Destroy
Department Head
City Manager
Finance Director
Contact Name
007.- 11
SALE
O Public Auction
O Sealed Bid
ON111111111EVISS
Email Address
El Open Sale
El Trade -In
MOISSEIMO
O 0
O 0
O 0
O 0
O 0
O 0
I 0 0
I 0 0
O 0
O 0
0 o
o
I o
o
I o
I
Phone No.
DISPOSAL
O Donation
O Salvage Scrap
Date
Date
Date
PROPERTY DESTROYED / SOLD / DISPOSED OF ON
INSIOSINSIEBIS
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